Is Kratom Legal in Kansas in 2023?

Kansas, nicknamed the Sunflower State, is literally the center of the US. That’s because the Geographic Center of the Contiguous US is located in Lebanon, Kansas.

You’d think that Kansas City is the main city in Kansas. Well, in actuality, Kansas City refers to two cities, one that’s located in Kansas and another in neighboring Missouri. Both are situated on the junction of the Kansas and Missouri rivers.

Kansas is the home state of Dwight D. Eisenhower, the 34th President of the United States. It’s also where Dorothy of The Wizard of Oz is from and where the first Pizza Hut store in the world opened.

At some point in history, it was illegal to serve ice cream on cherry pie in the state of Kansas. While that’s no longer a thing, some bizarre laws are still in place. You can’t hunt rabbits from motorboats or ducks from mules, catch fish with bare hands, or sound a gong in public.

But how about the legal status of kratom? Do any of these odd regulations apply to the Southeast Asian herb? Or is Mitragyna speciosa legal in the state of Kansas? We’re about to find that out.

Is Kratom Legal in Kansas?

Kratom is legal in Kansas. In 2018, a bill to ban kratom was proposed. Nevertheless, due to the action from kratom users and supporters, the authorities removed kratom from it before enacting the bill. Kansas has considered the Kratom Consumer Protection Act, but it has not been enacted.

In January 2018, the Kansas Senate received a bill that proposed revising and updating the drugs and substances in Schedules I, II, and III. Initially, Mitragyna speciosa was one of them. Passing this bill would have made kratom a controlled substance.

However, the American Kratom Association (AKA) and the Botanical Education Alliance urged activism from local people in favor of kratom. It asked buyers and supporters to contact state representatives via e-mail with a plea to keep kratom legal.

Some Senate members opposed to keeping kratom legal. They stated that kratom supporters sounded so desperate that it resembled an addiction.

Other Kansas legislators indicated that there was no conclusive evidence of harm and kratom could indeed be helping Kansans. Some also pointed out that keeping kratom legal would harm Big Pharma profits. It would lose out on lots of money that would otherwise go into purchasing prescription opioid drugs.

Finally, legislators also mentioned that they have the authority to make emergency amendments to the bill if need be.

Fortunately, Kansas authorities decided to keep kratom legal and removed it from the bill before passing it in May 2018. They also decided to keep CBD legal for the same reason.

Despite various warnings form the DEA and the FDA, kratom sellers did not stop bad practices. As a result, in 2019, the FDA sent letters to three kratom merchants concerning illegal sales. One of these businesses was in Kansas.

Kansas Kratom Consumer Protection Act

In March 2019, Kansas joined the list of U.S. states that were reviewing the Kratom Consumer Protection Act (KCPA). It’s legislation proposed by the American Kratom Association (AKA) that aims to regulate kratom powder and other products that derive from kratom leaf.

Kansas KCPA would require local kratom vendors to:

• Not sell products that have been adulterated with dangerous, poisonous, or scheduled non-kratom substances,
• Abstain from distributing kratom products that include synthetic alkaloids or other kratom plant derivatives or that have been modified to possess more potent properties,
• Not sell kratom products that contain more than 2% 7-hydroxymitragynine of the total alkaloid content,
• Prohibit kratom sales to individuals who have not reached the age of 18,
• Only distribute kratom powder and other products that disclose ingredient and alkaloid content in their labels,
• Face a Class C misdemeanor (up to one month in jail and a fine of up to $500) upon violating the regulations.

There was a house hearing on January 30, 2020, but, unfortunately, the bill failed in May 2020.

Efforts to Regulate Kratom in 2021 and 2022

In January 2021, a new bill to regulate kratom in Kansas was introduced.

The bill passed House Emergency Final Action in May 2021 with 97 representatives in favor of it and 24 against it. It was engrossed, and a senate hearing took place over six months later, on January 26, 2022.

Those in favor of a statewide kratom ban often cite the Food and Drug Administration’s (FDA) stance on kratom. The FDA has repeatedly tried to ban kratom.

However, Mac Haddow, an AKA representative, stated in his testimony to Kansas lawmakers that the FDA isn’t right on the kratom science. He emphasized that the organization has wrongfully attributed fatalities to kratom while they were in fact due to adulterated products.

Mr. Haddow also pointed out that the American Kratom Association aims to do the job that the FDA should be doing but refuses to do. This, in turn, is endangering not only buyers in Kansas but also those who live in other parts of the United States.

At this time, no further action has been taken and kratom hasn’t been banned but is unregulated.

Where to Buy Kratom in Kansas?

It is currently possible to buy kratom in various locations across Kansas. Smoke and vape shops across the state offer kratom powder, capsules, and other goods for sale. However, the herb remains unregulated.

In addition to that, kratom products have been recalled in the state. This was due to a distributor selling kratom contaminated with Salmonella to retailers in Kansas and other states. Sadly, we cannot prevent such instances if we do not regulate kratom.

Therefore, we recommend that Kansans order kratom online from established and trustworthy vendors that they can trust.

These are vendors who properly advertise kratom, are honest and transparent, as well as lab-test each kratom batch for quality and purity. Kratom from online stores also tends to be more affordable and fresher since no middleman or additional storing and transporting time is necessary.

For more information on kratom legality in your state as well as the latest kratom legality map, you can consult this blog post.